Q: if a word Marke is in CANCELLED SEC. 8 (6-YR) Can one apply Word Mark trademark?
I trying to open a company but the the brand name or word mark was trademarked how ever its in CANCELLED SEC. 8 (6-YR) can I now register my name?
A: The Cancelled Sec. 8 status refers to a trademark registrant who has failed to file renewal of the trademark registration. It does not mean that the registrant stopped actually using the mark nor that some other user is not using the trademark in commerce. Such users would still have common law rights against infringement. Consult with a trademark attorney.
A: Well, assuming the grace period has already expired and there's no common law use or federal registrations/pending applications for anything identical or similar then you could attempt to register the mark. I'd recommend hiring a trademark attorney to search both the USPTO records and common law sources prior to moving forward though. Please feel free to call or email if you have any further questions.
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